Judge won't block Worcester from collecting constable tax

WORCESTER — A Superior Court judge has ruled against a local businessman's request to stop the city from collecting a tax on constable services.

Judge David Ricciardone on Monday rejected the request for an injunction filed earlier this month by Edward L. Moynihan, owner of George & Associates, saying Mr. Moynihan's arguments against the tax would likely fail because the city is acting under the authority of state law.

While Mr. Moynihan argued that the tax — enacted by the state Legislature in 2003 — is unconstitutional. The judge said in a one-paragraph decision that he found the constable law not to be unconstitutional, "at least at this juncture."

The judge also cast doubt on Mr. Moynihan's argument that he would be irreparably harmed by the tax, a requirement for an injunction, because the city could be liable for monetary damages if Mr. Moynihan is ultimately successful in overturning the law.

The law requires constables to pay the local governments of the communities in which they are appointed or elected local 25 percent of their fee revenue from serving court papers.

Mr. Moynihan's lawyer, Howard J. Potash, said he thinks the case will eventually end up in the state Appeals Court.